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Canon Law

Prologue

 

Welcome to the Canon Law of the Evangelical Catholic Church.  We hope that the following Canons will give you a meaningful perspective as to the life, charism and functioning standards of our jurisdiction.

 

The first Christians had a complex relationship with the concept of law.  The early evangelical traditions were critical of the described observance of the Mosaic Law.  We hear in the gospel, “Woe to you, scribes and Pharisees, hypocrites for you tithe mint and dill and cumin and have neglected the weightier matter of the law, justice and mercy and faith; these you ought to have done, without neglecting the others”  (Matt 23:230).  At the same time, Jesus is explicit that he did not come to abolish the saying, “Think not that I have come to abolish the law and the prophets; I have come not to abolish them but to fulfill them. For truly I say to you, till haven and earth pass away, not an iota, not a dot, will pass from the law until all is accomplished” (Matt 5:7-18).

 

The core desire for the Evangelical Catholic Church’s Code of Canon Law in matters of Liturgy, Sacramentology, Preaching and all areas of social outreach involves the development and support of all institutions that are considered to be most serviceable for the personal life and faith of all members of the church and for their vocation in the world.

 

For the Evangelical Catholic Church our Code of Canon Law is a statement of beliefs and living principles that nurtures our organization, functionality and the daily lives of our community of faith. Thus, we believe that our Canon Law helps and supports our jurisdiction to witness and fulfill our mission to proclaim the Good News of Jesus Christ.

 

We further believe that our Canon Law does this by:

 

(a) By supporting and encouraging members of our shared faith to live and witness our faith in their daily lives.

 

(b) Encouraging the faithful to fully participate in the works of the Church.

 

(c) Maintaining and/or developing new avenues of pastoral outreach that serves the faith and the lives of it members.  In doing so, it must adapt to the circumstances of the time and needs.

 

With God’s blessings and the guidance of the Holy Spirit, our Code of Canon Law will fulfill its responsibilities and obligations as a vital element of our ongoing Spiritual, Theological, Sacramental, Pastoral and Evangelistic mission.

 

As always, should you have any questions or are in need of any clarification about of Canon Law, please do not hesitate to contact us.

Canon 1: General Information

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1.1 At this time the corporate name of this faith community shall be The Province of the ECC.

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1.2 With in these canons our jurisdiction shall also be referred to as "this church", "this faith community", “the ECC” or most often “the Evangelical Catholic Church."

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1.3 This Church is a validly consecrated and constituent member of Christ’s One, Holy, Catholic and Apostolic Church, which unites all Christians throughout the world and throughout history.

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1.4 The Province of the ECC shall be incorporated in the State of Illinois as a not for profit religious corporation.

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1.5 The Code of Canon Law for this Church shall serve as its official instrument of guidance and focus for its Mission Service to the People of God.

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1.6 This website and the contents therein are copyrighted and are the sole

property of this Church and may not be used or duplicated without permission.

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1.7 The activities of all clergy, religious and laity involved in any roles of public or sacramental ministry are obligated to uphold the Code of Conduct of the Evangelical Catholic Church at all times

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1.8 The Holy Family shall be the patrons of the Evangelical Catholic Church and shall be remembered in all celebrations of the Eucharist and on their Feast Day of December 28th.

1.9 Unless otherwise stated, all Canons and Policies of the Evangelical Catholic Church cannot be dispensed from.

1.10 We celebrate and promulgate Bishop Carlos Duarte Costa as the Spiritual, Pastoral and Vocational Mentor for the Evangelical Catholic Church and celebrate his Memorial on July 21st.

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1.11 In all matters of Pastoral and Sacramental work, the Evangelical Catholic Church commits itself to following the work and examples of the Great Evangelists: Matthew, Mark, Luke and John.

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1.12 The motto for the Evangelical Catholic Church shall be A Welcoming Community of Faith Rooted in the Catholic Tradition.”

Canon 2:  Church Membership

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2.1 While there is no absolute requirement for any person to hold canonical membership within this Church to participate in the life of this Church, any person baptized, confirmed, or received into full membership, according to the approved liturgical and sacramental rites of this Church by a deacon, priest or bishop in good standing, shall be recognized as a full and canonical member of this Church and thus eligible to pursue any secular or religious vocation or be appointed of a secular position of responsibility within the Evangelical Catholic Church.

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2.2 This Church declares itself to be an open and affirming Catholic faith community, which particularly welcomes all those who have been injured or disenfranchised through social and/or religious bigotry or hatred, fear or ignorance.

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2.3 A person may terminate their canonical membership with this Church through the sacramental rite of reception within another faith community, or by submitting a letter of intention to their pastor or local ordinary.

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2.4 A person who has terminated their membership with this Church may petition for readmission by submitting a written request to the local pastor or to the local ordinary.

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2.5 Members [clerics, religious or laity] who fail to profess or follow the Creedal Doctrines and Ecclesial Protocols of this Church or engage in behaviors destructive to the welfare of this Church will be notified by the local ordinary that, unless such failures are corrected, termination of membership through formal decree will occur. In such matters, a member must be provided with formal documentation of any issues and be given due process to respond and question any person making charges against them.

    §1 If a member who has been formally confronted and informed of their error acknowledges such, but refuses to recant or correct their heresy, their membership shall be terminated by order of the diocesan bishop.

    §2 If a member who has been formally confronted and informed of their error recants and corrects their heresy, the termination process is thereby ended.

    §3 The House of Bishops, with the advice of a Council of Advisors, shall be an Ecclesiastic Court of Appeal.

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2.6 Any member who undermines the Body of Christ by word or deed against the sacramental, liturgical or spiritual life of any parish, diocese, religious institution or any person thereof, shall have their membership terminated through the processes of Canon 2.5.

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2.7 Any individual or jurisdiction in a relationship with this Church via their membership within a jurisdiction connected by an instrument of Concordat or a Uniate jurisdiction may enjoy participation within this Church appropriate to their standing or charism.

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2.8 The Evangelical Catholic Church is eager to welcome opportunities to enter into a Concordat with other jurisdictions which share common Sacramental, Liturgical and Pastoral practices.  The leadership of the jurisdictions involved shall be required to exercise all due diligence prior to concluding a Concordat.  Upon entering into a Concordat each jurisdiction shall retain their individual autonomy while continuing to share opportunities to grow and build and develop the bonds of this relationship.  The Concordat relationship may also, in the fullness of time, become the foundation for future Uniate status or jurisdictional incardination.  [See Saint Barnabas Concordate for reference.]

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2.9 The Evangelical Catholic Church is also eager to welcome opportunities to receive other jurisdictions as canonical Uniates into its jurisdiction.  A Uniate jurisdiction is one that has connected with the Evangelical Catholic Church but continues to retain their practices and traditions.  The leadership of the jurisdictions involved shall be required to exercise all due diligence prior to concluding this process. This Church and their Uniate partners shall share opportunities to grow and build their relationship.  [See Saint Josaphat Kuntsevych Decree of Uniate Relations]

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2.10 The Evangelical Catholic Church is always eager to embrace opportunities to receive others jurisdictions, en masse, into full membership through an act of Jurisdictional Incardination. Such an act would transfer for all involved, regardless of their standings prior to Incardination, their rank or standing into the Evangelical Catholic Church and give each individual full membership into the ECC along with proper faculities to continue their ministries.  [See the Saint Thomas Becket Decree for Jurisdictional Incardination]

Canon 3:  Doctrine

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3.1 This Catholic Faith Community shall worship the One True Triune God — Father, Son, and Holy Spirit.

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3.2 This Church shall be part of God’s Kingdom, unconditionally embracing all persons of faith, and all persons seeking to discover or rediscover their faith.

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3.3 This Church shall establish dioceses, parishes, religious communities and other necessary institutions to evangelize the People of God.

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3.4 This Church shall be subject to the creedal statements established by the Ecumenical Councils of the Universal Church at Nicaea, Constantinople, Ephesus, and Chalcedon.

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3.5 This Church shall accept as the definition of Christianity the creed defined by the Ecumenical Council of Constantinople of AD 381. This creed is commonly referred to as the Nicene Creed.

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3.6 This Church shall accept the Apostles’ Creed as a valid statement of faith.

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3.7 This Church shall accept the Athanasian Creed as a valid statement of Trinitarian theology and Christology.

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3.8 This Church cannot alter, change, or revise any of the abovementioned creeds.

Canon 4:  Liturgical and Sacramental Law

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4.1  As a validly consecrated autocephalous catholic faith community, the Evangelical Catholic Church reserves unto herself the obligation to define and make binding her liturgical norms, customs and laws.

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4.2 The common liturgical rite for this Church shall be the Novus Ordo.  The Church recognizes the historical and liturgical significance of the Tridentine Liturgy and shall respect it as a historic rite of this Church.

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4.3 This Church accepts the sacramental validity of the liturgical rites contained within the Anglican Book of Common Prayer, the Divine Liturgy of St. John Chrysostom and the Old Catholic Liturgy.

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4.4 At the time of their establishment, all parishes of this Church shall be dedicated to her common liturgical rite, unless otherwise designated by the local ordinary to another canonically approved rite.  For a compelling pastoral need, a parish may petition the local ordinary for permission to change its liturgical designation.

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4.5 All clergy are obligated to celebrate any liturgical rite with all prescribed rubrics, yet modified to celebrate the ecclesiology of the Church.

Canon 5:  Baptism

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5.1 Baptism is necessary for salvation in fact or at least in intention, by which all people are freed from their sins, are reborn as Children of God and, configured to Christ by an indelible character, are incorporated into the Church, as validly conferred only by washing with true water together with the required form of words.

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5.2 Baptism should be administered in accord with the order prescribed within the approved liturgical books.

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5.3 One who is not of sound mind non sui compos is equated with an infant; so far as Baptism is concerned.

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5.4 Baptism is to be conferred either by immersion or by pouring with the prescriptions of the proper authority being observed.

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5.5 The proper place for Baptism is in a church or oratory. 

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5.6 As a rule adults are to be baptized in their own local parish church, and infants are to be baptized in the parish church proper to their parents, unless a just cause pastorally suggests otherwise.

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5.7 For just pastoral cause, the Sacrament of Baptism can be celebrated in an alternative environment location deemed to be dignified and supportive for Baptism.

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5.8 The ordinary minister of Baptism is a bishop, priest, or deacon in good standing, with due regard that the prescriptions of the proper authority be observed.

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5.9 To be Baptized, it is required that an adult have manifested the properly formed will to be Baptized, be sufficiently instructed in the Truths of Faith and in Christian obligations and be tested in the Christian life by means of the Catecumenate; the adult is also to be exhorted to have sorrow for personal sins.

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5.10 Unless a grave reason prevents it, an adult who is baptized is to be Confirmed immediately after Baptism and participate in the celebration of the Eucharist, also receiving Communion.

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5.11 Parents and legal guardians are obliged to see that infants are baptized.

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5.12 An infant that is in danger of death is to be baptized without any delay.

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5.13 For the licit Baptism of an infant, it is necessary that:

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§1 The parents or legal guardians, or at least one of them gives consent.

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§2 There be a founded hope that the infant will be brought up in the Faith of this Catholic faith community.

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§3 If there is a doubt whether one has been Baptized or whether Baptism was validly conferred and the doubt remains after serious investigation, Baptism is to be conferred conditionally.

 

§4 A foundling or abandoned child is to be Baptized unless upon diligent investigation proof of Baptism is established.

 

§5 A child who is legally adopted is to be baptized unless upon diligent investigation proof of Baptism is established.

 

§6 if aborted fetuses are alive, they are to be Baptized if possible.

 

§7 Insofar as possible, one to be baptized is to be given a sponsor who is to assist an adult in Christian initiation.

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5.14 To be admitted to the role of sponsor, a person must:

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§1 Be designated by the one to be Baptized, by the parents or legal guardians in the case of an infant, or in their absence, by the pastor and is to have the qualifications and intention of performing this role.

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§2 Have completed their sixteenth year.

 

§3 Be a member in full standing within this Church.

§4 Not be the father or mother of the one to be Baptized.

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5.15 A Baptized person who belongs to a non-Catholic ecclesial community, or another validly consecrated Catholic community may act as a witness to the Baptism, together with a member in full standing within this Church.

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5.16 A person who enters into a family by means of legal adoption is to be considered a natural born, legitimate child as far as the provisions of this Code of Canon Law are concerned.

Canon 6:  Confirmation

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6.1 The Sacrament of Confirmation impresses a character and by it the baptized, continuing on the path of Christian initiation, are enriched by the gift of the Holy Spirit and bound more perfectly to the Church; it strengthens them and obliges them more firmly to be witnesses to Christ by word and deed and to spread and defend the faith.

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6.2    The Sacrament of Confirmation is conferred through the anointing with chrism on the forehead, which is done by the imposition of the hand, and through the words prescribed in the approved liturgical books.

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6.3    The chrism to be used in the Sacrament of Confirmation must be consecrated by a bishop, even if the sacrament is administered by a presbyter.

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6.4    It is desirable that the Sacrament of Confirmation be celebrated in a church and during Mass, but for a just and reasonable cause it may be celebrated outside of the norm and in any worthy place.

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6.5    The ordinary minister of the Sacrament of Confirmation is a bishop or someone delegated by the local ordinary.

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6.6    All baptized persons who have not been confirmed and only they are capable of receiving confirmation.

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6.7    Outside the danger of death, to be licitly confirmed it is required, if the person has the use of reason, that one be suitable instructed, properly disposed and able to renew one's baptismal promise.

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6.8    The faithful are obliged to receive this sacrament at the appropriate time, their parents/guardians and shepherds of souls, especially pastors, are to see to it that the faithful are properly instructed to receive it and approach the sacrament at the appropriate time.

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6.9    The Sacrament of Confirmation is to be conferred on the faithful at about the age of discretion or unless a grave cause urges otherwise.

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6.10   Sponsors for the one to be confirmed should be present; it is for the sponsor to see that the confirmed person acts as a true witness to Christ and faithfully fulfills the obligations connected with this sacrament.

Canon 7:  Eucharist

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7.1 The celebration of the Eucharist is the action of Christ Himself and the Church; in it Christ the Lord, by the ministry of a priest, offers Himself, substantially present under the forms of bread and wine, to God the Father, and gives Himself as spiritual food to the Faithful who are associated with His offering.

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7.2 The minister, who in the person of Christ can confect the sacrament of the Eucharist, is solely a validly ordained priest, or validly consecrated bishop.

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7.3 A priest or bishop who is not canonically impeded celebrates the Eucharist licitly, observing the prescriptions of the following canons.

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7.4 A priest or bishop may apply the Mass for anyone, living or dead.

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7.5 Priests or bishops may concelebrate the Eucharist, unless the welfare of the Faithful requires or urges otherwise.

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7.6 A priest is to be permitted to celebrate the Eucharist even if said priest is unknown to the pastor of the Church. Such priests must present a current letter of faculties or recommendation issued by their local ordinary or competent religious superior.

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7.7 Remembering that the work of redemption is continually accomplished in the Mystery of the Eucharistic Sacrifice, priest and bishops are to celebrate frequently; indeed daily celebrations is strongly recommended, since even if the Faithful cannot be present, it is the act of Christ and the Church in which priests and bishops fulfill their principal function.

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7.8 The ordinary minister of the Eucharist is a bishop, priest, or deacon.

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7.9 The extraordinary minister of the Eucharist is an acolyte or other member of the Christian Faithful appointed by the ordinary of the diocese.

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7.10 The pastor and parochial vicars, chaplains and the superior of a community of apostolic life have the right and duty to bring the Most Holy Eucharist to the sick in the form of Viaticum.

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7.11 Any Baptized person, who is not prohibited by law, can and must be admitted to Holy Communion.

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7.12 The Most Holy Eucharist may be given to children who are in danger of death.

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7.13 It is the responsibility of the parents and those who take the place of parents, as well as the pastor to see that children who have reached the use of reason are correctly prepared and are nourished by the Divine Food as early as possible.

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7.14 All the Faithful, after they have been initiated into the Most Holy Eucharist, are bound by the obligation of receiving Communion at least once per year.

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§1 The above precept must be fulfilled during the Easter season unless it is fulfilled for a just cause at some other time of the year.

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7.15 The Christian Faithful, who are in danger of death, arising from any cause, are to be nourished by Holy Communion in the form of Viaticum.

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7.16 The Most Sacred Eucharistic Sacrifice must be celebrated with bread and wine, with which a small quantity of water is to be mixed.

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7.17 Holy Communion is to be given under the form of bread alone or under both kinds in accord with the norm of the liturgical laws or even under the form of wine alone in case of necessity.

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7.18 It is sinful, even in extreme necessity, to consecrate one matter without the other, or even both outside the celebration of the Eucharist.

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7.19 In celebrating and administering the Eucharist, bishops, priests, and deacons are to wear the liturgical vestments prescribed by the rubrics.

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7.20 The celebration and distribution of the Eucharist may take place on any day, and at any hour, except for those times excluded by liturgical norms.

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7.21 The celebration of the Eucharist is to be celebrated in a sacred place, unless in a particular case necessity demands otherwise; in such a case the celebration must be done in a respectable place.

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7.22 In sacred places where the Most Holy Eucharist is reserved, there must always be someone who has the care of it.

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7.23 The Most Holy Eucharist is to be reserved regularly in only one tabernacle of a church or oratory.

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7.24 Consecrated hosts are to be reserved in a ciborium or other suitable vessel in sufficient quantity for the needs of the Faithful; they are to be frequently renewed and the old ones properly consumed.

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7.25 In churches and oratories where it can be permitted to reserve the Most Holy Eucharist, there can be exposition either with a ciborium, or monstrance, or other suitable vessel, observing the norms prescribed in the liturgical books.

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7.26 Exposition of the Most Holy Sacrament may not be held in the same part of the church or oratory during the celebration of the Mass.

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7.27 The minister of exposition of the Most Holy Eucharist and the Eucharistic Benediction is a bishop, priest, or deacon. In particular circumstances the minister of exposition and reposition, without benediction, is an acolyte, an extraordinary minister of Holy Communion or another person designated by the local ordinary.

Canon 8:  Confession and Reconciliation

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8.1 Individual and integral confession and absolution constitutes the ordinary way by which the faithful person who is aware of serious sin is reconciled to God and with the Church.

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8.2 A person who has had serious sins remitted by a general absolution need not engage in a subsequent confession to relitigate sins which have been absolved.

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8.3 Absolution may be imparted in a general manner to a number of penitents at once without requiring penitents to repeat their confessions later.

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8.4 It is solely the prerogative of the diocesan bishop to judge whether the conditions laid out in paragraphs 1 and 2 of Canon 7.3 are present, using criteria arrived at in consultation with the other members of the House of Bishops.

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8.5 Priests and bishops who are in good standing are the ministers of the Sacrament of Reconciliation.

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8.6 For the valid absolution of sins it is required that, besides the power received through Sacred Ordination, the minister possesses the faculty to exercise over the Faithful to whom the minister imparts absolution.

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8.7 The absolution of an accomplice in any sin whatsoever is invalid except in the danger of death.

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8.8 The local ordinary, as well as the competent religious superior, may revoke the faculties to celebrate the Sacrament of Reconciliation from a priest for a just cause.

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8.9 When the faculty to hear confessions is revoked by his or her local ordinary or competent major religious superior, a cleric loses the right to hear confessions everywhere. When the faculty to hear confessions is revoked by a positive act of another local ordinary or competent major religious superior, the cleric loses the faculty to hear confessions only as regards the subjects of that ordinary’s jurisdiction.

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8.10 Other than revocation, the faculty to hear confessions ceases by loss of office, excardination, or loss of domicile.

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8.11 Even though a priest or bishop may lack the faculty to hear confessions, any priest or bishop validly and licitly absolves from any kind of censures and sins any penitent who is in danger of death, even if an approved priest or bishop is present.

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8.12 In hearing confessions, the confessor is to remember that he or she acts as a judge as well as a healer and is placed by God as the minister of divine justice and mercy, concerned with the Divine Honor and the salvation of souls.

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8.13 The confessor, in posing questions, is to proceed with prudence and discretion, with attention to the condition and age of the penitent, and that the confessor is to refrain from asking the name of an accomplice.

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8.14 If the confessor has no doubt about the disposition of a penitent who asks for absolution, absolution is not to be refused or delayed.

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8.15 The confessor is to enjoin salutary and suitable penance in keeping with the quality and number of the sins, but with attention to the condition and age of the penitent; the penitent is obliged to perform the penance personally.

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8.16 The sacramental seal of the confessional is inviolable. Therefore it is a canonical crime for a confessor, in any way or form, to betray a penitent by word or in any other manner for any reason.

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8.17 An interpreter, if needed, is also obliged to preserve the secret, and also all others to whom knowledge of sins from confession shall come in any way.

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8.18 Even if every danger of revelation is excluded, a confessor is absolutely forbidden to use any knowledge about sins from confession when it may harm the penitent.

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8.19 One who is placed in authority can in no way use for external governance knowledge about sins which the confessor, or others cited, has received in confession at any time.

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8.20  A member of the Christian Faithful is obliged to confess, in kind and in number, all serious sins committed after baptism and not yet directly remitted through the Keys of the Church, nor acknowledged in individual confession, of which one is conscious after diligent examination of conscience.

Canon 9:  Anointing of the Sick    

 

9.1 The Anointing of the Sick is conferred by anointing the aged or infirm with oil and using the words prescribed in the liturgical books.

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9.2 The anointing is to be carefully performed while observing the words, the order, and the manner prescribed in the liturgical books; but in cases of necessity it is sufficient that one anointing be made of the forehead or even on another appropriate part of the body, while saying the entire formula.

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9.3 The communal celebration of the Anointing of the Sick can be performed according to the prescriptions of the ordinary of the diocese.

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9.4 Every priest and bishop who is in good standing validly administers the Sacrament of the Sick.

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9.5 The Sacrament of the Sick can be administered again to a member of the Faithful, who, after a period of recovery begins to decline and once again becomes seriously ill.

Canon 10:  Marriage

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10.1 The matrimonial covenant, by which a couple establishes between themselves a partnership of the whole life, is by its nature ordered toward the good of the spouses; this covenant between Baptized persons has been raised by Christ the Lord to the dignity of a Sacrament.

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10.2 Marriage is brought about through the consent manifested between the parties who are capable of giving consent. No human power can replace this consent.

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10.3 All persons who are not prohibited by canon law can contract Marriage.

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10.4 The Evangelical Catholic Church witnesses and celebrates the marriages of gender-common couples and declares that these marriages to be valid and equal sacraments of Matrimony in the Church as any other marriage celebrated by the Church.

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10.5 Pastors of souls are obliged to see to it that their own ecclesial community furnishes the Christian Faithful assistance so that the matrimonial state is maintained in a Christian spirit and makes progress towards perfection. This assistance is especially to be furnished through:

§1 Preaching and catechesis; so that the Christian Faithful may be instructed concerning the meaning of Christian Marriage and the duty of Christian spouses and parents.

§2 Personal and spiritual preparation is required for candidates entering marriage so that the parties may be predisposed toward the holiness and duties of their new state.

§3 Assistance furnished to those already married so that, while faithfully maintaining and protected the conjugal covenant, they may come to lead holier and fuller lives.

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10.6 If they can do so without serious inconvenience, Catholics who have not yet received the Sacrament of Confirmation are to receive it before being admitted into Marriage.

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10.7 It is strongly recommended that those to be married approach the Sacrament of Reconciliation and the Most Holy Eucharist so that they may fruitfully receive the Sacrament of Marriage.

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10.8 Before Marriage is celebrated, it must be evident that nothing stands in the way of its valid and licit celebration.

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10.9 All the faithful are obliged to reveal any impediments they are aware of to the pastor or to the local ordinary before the celebration of a Marriage.

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10.10 A person must have completed their eighteenth year of age prior to entering into the Sacrament of Marriage.

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10.11 A person who, for the purpose of entering Marriage with a certain person, has brought about the death of that person’s spouse or one’s own spouse, attempts such a Marriage invalidly.

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10.12 Consanguinity in the direct line in any degree whatsoever invalidates Matrimony.

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10.13 In the collateral line of consanguinity, Marriage is invalid up to and including the fourth degree.

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10.14 A dispensation can never be given from the impediment of consanguinity in the direct line.

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10.15 A dispensation can be given from the impediment of consanguinity in the fourth degree of the collateral line by the local ordinary only for a grave reason.  

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10.16 Affinity in the direct line in any degree whatsoever invalidates Matrimony.

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§1 A dispensation from the impediment of affinity in the direct line can be given by the local ordinary only for a grave reason.

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10.17 They cannot validly contract marriage between themselves who are related in any degree whatsoever in the direct line, or up to and including the fourth degree in the collateral line through a relationship arising from legal adoption.

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§1 A dispensation can never be granted from the impediment of a relationship in the direct line arising from legal adoption.

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§2 A dispensation from the impediment of a relationship arising from legal adoption in the fourth degree of the collateral line can be granted by the local ordinary only for a grave reason.

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10.18 Those that lack sufficient use of reason are incapable of contracting Marriage.

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10.19 A person contracts invalidly who enters Marriage deceived by fraud, perpetrated to obtain consent, concerning some quality in the other party which by its very nature can seriously disrupt the partnership of conjugal life.

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10.20 In general, a marriage, which cannot be recognized or celebrated in accord with the norm of civil law, shall not be witnessed by a cleric of this denomination without the permission of the local ordinary.

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10.21 The internal consent of the mind is presumed to be in agreement with the words or signs employed in celebrating Matrimony.

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10.22 Marriage can be contracted by means of an interpreter.

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10.23 Only those Marriages are canonically valid which are contracted in the presence of the local ordinary or the pastor or a priest or deacon delegated by either of them, who assists, and in the presence of two witnesses, according to the norms expressed in the following:

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§1 The one assisting at a marriage is understood to be only that person who, present at the ceremony, asks for the contractants’ manifestation of consent and receives it in the name of the Church.

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10.24 Unless they have been excommunicated, interdicted, or suspended from office or declared such, whether by sentence or decree, within the confines of their territory, the local ordinary or pastor, by virtue of their offices, validly assist at the Marriages of their subjects as well as of non-subjects.

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10.25 As long as they validly hold office, the local ordinary and the pastor can delegate to priests and deacons the faculty to assist at Marriages within the limits of their territory.

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10.26 Outside of a case of necessity, the rites prescribed in the liturgical books approved by the Church or received through legitimate custom are to be observed in the celebration of Marriage.

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10.27 If the Marriage was contracted in a parish where a spouse was not baptized, the pastor of the place where it was celebrated is to send a notice of the contracted Marriage as soon as possible to the pastor where the baptism was conferred.

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10.28 Local ordinaries and other pastors of souls are to see to it that the Catholic spouse and children of an ecumenical Marriage do not lack spiritual assistance fulfilling their obligations and are to aid the spouses in fostering the unity of conjugal and family life.

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10.29 For only serious and urgent reasons can the local ordinary permit a Marriage to be celebrated secretly.

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10.30 Parents and guardians have the most serious duty and the primary right to do all in their power to see to the physical, social, cultural, moral, and religious upbringing of their children.

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10.31 Persons who are bound by a public vow of chastity invalidly attempt marriage.

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    § The impediment ceases only after a dispensation from the vow has been granted by the appropriate authority.

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10.32 Clergy of this jurisdiction may, if asked, officiate as witness to a civil marriage as along as all laws and regulations of the particular State and County are followed and fulfilled. Such civil marriages are only recognized by civil law.

Canon 11: Dissolution of the Marital Bond & Subsequent Re-Marriage

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11.1 Recognizing the reality that some marital bonds may dissolve and cannot be reconciled, the Church does not believe that the Sacramental Grace can remain present in a marital relationship in which there is emotional or physical violence, permanent abandonment, or the proven inability to maintain marital fidelity. While the Grace of the Sacrament continues to be given to the abused party in such marriages, is not present in such overall relationships of pain and misery. Thus, the Church must allow persons the freedom to leave such relationships and to permit such persons the opportunity to invite Christ into a spirit-filled Marriage.

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11.2 One may petition the Church to declare a Marriage non-binding and nullified for the following conditions:

§1 Physical violence.

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§2 Psychological violence.

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§3 Permanent abandonment.

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§4 Proven inability to maintain marital fidelity.

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§5 Realization of true sexual orientation incompatible with the form of the Marriage.

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11.3 One who wishes to enter into a subsequent Marriage must present documented evidence of such conditions from their previous Marriage to their pastor prior to attempting such a Marriage.

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11.4 Upon obtaining all necessary information, evidence, and documentation related to a petition, the pastor will investigate and ascertain the weight of the evidence and submit a recommendation to the local ordinary that a Grant of Dissolution be issued.

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§1 A Grant of Dissolution cannot be issued prior to the finalization of a civil decree of divorce.

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§2 The local ordinary must respond to petitions for a Grant of Dissolution within one calendar month of receipt.

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§3 The local ordinary alone possesses faculties to issue a Grant of Dissolution and if approved, shall be granted within 30 days.

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11.5 Petitioners for a Grant of Dissolution, who have had two or more previous Marriages, must make their petition directly to the local ordinary.

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11.6 Petitioners who submit false or misleading information, or who omit relevant information on their applications will have their petitions for a Grant of Dissolution summarily dismissed.

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11.7 Candidates for a subsequent Marriage must be provided with extended pastoral counseling prior to reentering into the Sacrament.

Canon 12:  Holy Orders    

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12.1 By divine institution, some among the Christian faithful are constituted sacred ministers through the Sacrament of Orders by means of the indelible character with which they are marked. Accordingly, they are consecrated and deputed to shepherd the People of God, each in accord with their own grade of Orders, by fulfilling in the person of Christ the Head the functions of teaching, sanctifying, and governing.

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12.2 The Orders are the Episcopacy, the Presbyterate, and the Diaconate.

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12.3 Holy Orders are open to both men and women, without discrimination, who have properly fulfilled the required formation process.

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12.4 Orders are conferred by the imposition of hands and by the consecratory prayers, which the liturgical books prescribe for the individual grades.

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12.5 Ordination is to be celebrated within the solemnities of the Mass of Sunday; however, it can take place on other days, even ordinary weekdays.

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12.6 Ordination is to be celebrated in a church and the clergy and other members of the Christian Faithful are to be invited so that a large congregation may be present for the celebration.

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12.7 The minister of Sacred Ordination is a validly consecrated bishop in good standing.

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12.8 The principal consecrating bishop in an Episcopal consecration is too joined by at least two other consecrating bishops; but it is especially appropriate that all bishops who are present should consecrate the bishop-elect along with the bishops mentioned.  [See Canon 16.1 Par 2]

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12.9 Each candidate is to be ordained to the Presbyterate or Diaconate by their own bishop or with legitimate Dimissorial letters from their bishop or major religious superior, another competent bishop to act in place of the candidate’s proper ordinary.

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12.10 A bishop can confer Orders outside of their own jurisdiction only with a Dimissorial letter of the local diocesan bishop.

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12.11 Only a Baptized candidate validly receives Sacred Ordination.

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12.12 It is required that in the judgment of the same legitimate superior that a candidate for Sacred Ordination be considered useful for the ministry of the Church.

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12.13 In order for a candidate to be ordained they must possess the required freedom.

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§1 In the case of a candidate for Sacred Ordination who is married, the written endorsement of the spouse is required for the licit reception of the Sacrament.

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12.14 Those who aspire to the Diaconate or Presbyterate are required to complete a prescribed program of formation.

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§1 In the case of candidates for Sacred Ordination, who are married, the formation program shall invite the spouse to participate to the extent deemed necessary by the local ordinary.

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§2 Candidates for the Diaconate or Presbyterate must be a full member of the Church prior to their consideration to enter into secular clerical formation.

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12.15 As part of the application process to enter into secular clerical formation, candidates must complete the following non negotiable requirements.

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§1 Provide documentation of their Baptism, Confirmation, and Marriage

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§2 Provide documentation of the dissolution of any previous marriage.

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§3 Completion of a criminal background check at the candidate’s expense.

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§4 Completion of a standard psychological examination at the candidate’s expense.

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§5 Provide documentation of any earned academic credentials.

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§6 All application forms

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§7 Meet the residency requirements of the local diocese.

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12.16 The diocesan Director of Vocations will empanel a review board of clerics in good standing to consider the applications of all candidates and present their recommendations to the local ordinary. The decision of the local ordinary to accept or reject any candidate is final and not subject to review.

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12.17 As part of their formation process, candidates for Ordination will enter into the minor Orders of Lector, Acolyte, and then Candidacy prior to being admitted to the Order of Deacon.

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12.18 Candidates will enter into the Order of Deacon just prior to the start of their internship. The local ordinary must evaluate the readiness of the candidate prior to the calling of the candidate to Orders.

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§1 The length of the internship will be recommended to the local ordinary.

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12.19 The Order of Deacon cannot be dispensed for candidates to the Presbyterate.

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12.20 After all circumstances have been taken into account in the prudent judgment of the proper bishop or the competent major religious superior, only those should be promoted to Orders who have an integral faith, motivated by right intention, possess the requisite knowledge, enjoy a good reputation, good morals, proven virtues, and other physical and psychological qualities which are appropriate to the Order received.

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12.21 Only for a canonical reason can the proper bishop or competent major religious superior forbid access to Orders with due regard for recourse in accord with the norm of law.

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12.22 The Presbyterate is not to be conferred upon those who have not completed their twenty third year or who do not possess sufficient maturity; an interval of at least six months is to be observed between the Diaconate and Presbyterate Ordinations.

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12.23 Candidates must complete their program of studies prior to entering into the Order of the Presbyterate.

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12.24 In order to be promoted to the Order of Deacon or Presbyter, the candidate is to give to the proper bishop or competent major religious superior a signed declaration written in their own hand, testifying that they are about to receive Sacred Orders of their own accord and freely; and they will devote themselves perpetually to the ecclesiastical ministry. This non negotiable declaration is also to contain their petition for admission to the reception of Orders.

 

§1 Prior to entering into Orders or Incardination, all secular and religious candidates must sign the following letter of agreement:

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" I, NAME OF CANDIDATE, accept and support the Sacramental, Liturgical and Ecclesial theology of the Evangelical Catholic Church.  I further state my acceptance and support for the Canon Law of this Church. I hereby acknowledge and accept the responsibilities of any and all faculties granted to me by my Ordinary and that I further acknowledge and accept the fact that I serve at the discretion of my Ordinary, to whom I pledge my respect and obedience.

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I further swear and promise that should my faculties end, either through an official act of suspension by my Ordinary or through an act of resignation or self-termination, I will not attempt nor continue to engage in the pastoral activities granted to me through my former faculties, style myself as a cleric of this Church body or Religious Congregation nor promote myself as a legal representative of this Church body or Religious Congregation.

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I make this pledge freely and without reservations. "

     

§2 Candidates for Orders or Incardination who fail to sign this agreement cannot enter into Orders or be Incardinated into the Church or into any Religious Congregation within the Church.

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12.25 The following are irregular regarding the reception of Orders:

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§1 A person who labors under some form of mental illness or other psychic defect due to which, after consultation with experts in the medical field, are judged incapable of rightly carrying out the ministry.

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§2 A person who has committed the delict of apostasy, heresy, or schism within the Church.

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§3 A person who has committed voluntary homicide.

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§4 A person who has committed sexual, psychological or physical assault.

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12.26 A neophyte is simply impeded from receiving Orders, unless they have been sufficiently proven in the judgment of the local ordinary

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12.27 The faithful are obliged to reveal impediments to Sacred Orders, if they know of any and can provide documentation, to the local ordinary, competent major religious superior, or pastor before Ordination.

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12.28 Ignorance of any irregularities or impediments does not exempt from them.

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12.29 For one to be promoted to Sacred Orders, the following documents are required:

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§1 Certification that the academic studies prescribed have been fulfilled.

 

§2 Certification that the Diaconate has been received if it is a question of those to be ordained to the Presbyterate.

 

§3 Certification that Baptism, Confirmation, Marriage (if applicable), or any Grant(s) of Dissolution have been received and that any additional ministries requested have been received if it is a question of those to be promoted to the Diaconate.

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12.30 As regards the inquiry concerning the qualities required of candidates for Ordination, the following prescriptions are to be observed:

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§1 Testimonials from competent persons.

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§2 In order that the inquiry may be properly conducted, the diocesan bishop or the competent major religious superior may employ other means which may seem useful in accord with the circumstances of time and place.

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12.31 In order for a bishop to proceed with the Ordination of one who is not the bishop’s subject, it is necessary that the required dimissorial letters declare that all necessary documents have been furnished, and that the inquiry has been conducted in accord with the norm of law and that the suitability of the candidate has been proved.

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12.32 If, despite all the above listed considerations, the bishop has certain reasonable concerns regarding the suitability of the candidate for Ordination, the bishop is not to ordain the candidate.

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12.33 In order for any priest or deacon to validly function within the Church, they must be granted faculties from their Ordinary.  Letters of Faculties are a binding contract between the Church and its clergy.  Priests and Deacons from religious congregations may petition for faculties through the office of their religious superior.  All priests, secular and religious, serve within any given diocese at the discretion of the local ordinary.

Canon 13:  Diocesan Priests

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13.1 Diocesan Priests are priests residing and functioning within a canonical diocese.

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13.2 Diocesan Priests are obligated to show respect for the Presiding Bishop of the Church.

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13.3 Diocesan Priests are obligated to show respect and obedience to their local ordinary.

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13.4 Unless they have been excused by their ordinary or are impeded by law, all diocesan priests are obligated to accept and faithfully fulfill the office and duties entrusted to them by their ordinary.

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13.5 Since all diocesan priests are working for the same purpose, they are to be united to one another in the bonds of prayer and collegiality and are to cooperate with one another.

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13.6 Diocesan priests are to acknowledge and promote the mission of the laity within the Church.

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13.7 Diocesan priests have a special obligation to seek holiness in their lives because they have been consecrated to God and are stewards of the mysteries of God in the service of His people.

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13.8 Diocesan priests are to nourish their spiritual life through the celebration of the Eucharist and through the reading of Holy Scripture.

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13.9 Diocesan priests are obligated to pray the Liturgy of the Hours.

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13.10 Diocesan priests are obligated to make spiritual retreats, to engage regularly in mental prayer and to approach the sacrament of penance.

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13.11 Diocesan priests are obligated to honor and engage in acts of devotion to the Blessed Virgin Mary through prayer and in the celebration of her particular Feasts.

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13.12 Diocesan priests are to behave with due prudence in relations to persons who company could be a danger to the sacredness of their obligations and or could lead to scandal of the faithful.

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13.13 Diocesan priests are encouraged to continue their studies and education after their ordinations.

Canon 14:  Diocesan Deacons

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14.1 Diocesan Deacons are deacons residing and functioning within a canonical diocese assisting the local ordinary.

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14.2 Diocesan Deacons are obligated to show respect for the Presiding Bishop of the Church.

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14.3 Diocesan Deacons are obligated to show respect and obedience to their local ordinary.

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14.4 Unless they have been excused by their ordinary or are impeded by law, all diocesan deacons are obligated to accept and faithfully fulfill the office and duties entrusted to them by their ordinary.

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14.5 Since all diocesan deacons are working for the same purpose, they are to be united to one another in the bonds of prayer and collegiality and are to cooperate with one another.

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14.6 Diocesan deacons are to acknowledge and promote the mission of the laity within the Church.

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14.7 Diocesan deacons are to nourish their spiritual life through the sacraments and through the reading of Holy Scripture.

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14.8 Diocesan deacons are obligated to pray the Liturgy of the Hours.

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14.9 Diocesan deacons are obligated to make spiritual retreats, to engage regularly in mental prayer and to approach the sacrament of penance.

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14.10 Diocesan deacons are obligated to honor and engage in acts of devotion to the Blessed Virgin Mary through prayer and in the celebration of Her particular Feasts.

 

14.11 Diocesan deacons are to behave with due prudence in relations to persons who company could be a danger to the sacredness of their obligations and or could lead to scandal of the faithful.

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14.12 Diocesan deacons are encouraged to continue their studies and education after their ordinations.

Canon 15:  Incardination of a Secular Cleric

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15.1 Candidates for Clerical Incardination into this Church must be full members of the Church prior to their application for Incardination. No application for Incardination shall be given prior to reception into the Church.

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15.2 As part of the application process of Clerical Incardination, candidates must fulfill all mandated requirements.

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15.3 If there is a pastoral need, the local ordinary may grant candidates for Clerical Incardination the title of "cleric in residence", and provide them with the necessary faculties to assist the bishop.

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15.4 A candidate for secular Clerical Incardination must fulfill all application requirements.

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15.5 If it is determined that the candidate comes from a tradition that does not have valid Apostolic Succession and/or lacks the completion of the Rite of Orders, the local ordinary will supply the necessary sacramental validity through the Imposition of Hands and the required consecratory prayers for the Order received.

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15.6 Candidates for Secular Clerical Incardination must possess the required theological proficiencies prior to being incardinated.

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15.7 The transitional period before cleric can complete their process of Incardination shall be no more than one year from the date they receive their letter of transitional faculties. This period can be extended for an additional six months at the request of the Ordinary or candidate for Incardination. If after eighteen months of transition, no decision on Incardination can be reached, the candidate shall be released from the process.

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15.8 Candidates for secular incardination who are already clerics from within this Church body may make a written petition the Local Ordinary of the Diocese they wish to incardinate into.  Before a cleric is permitted to incardinate, the petitioning cleric's current ordinary or religious superior must provide a letter of recommendation and a official copy of the petitioning cleric's files, records and documents to the ordinary being petitioned.  The ordinary being petitioned may, for just cause, decline a petition for secular incardination.

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15.9  If, after attaining Secular Incardination within the Church, it is discovered that the candidate consciously submitted false and misleading information on his or her application for Secular Incardination into the Church, the incardinating diocese shall declare such Incardinations null and void and the individual shall be released.

Canon 16:  Bishops

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16.1 Bishops within this Church are called forth in service and in leadership by the Presiding Bishop and the House of Bishops, upon the recommendation of the Council of Advisors, House of Clergy, House of Laity, and the People of God.

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§1 All candidates for Bishop shall be consecrated in the prescribed Rite of the Church with the Presiding Bishop as the primary consecrator and with a minimum of two validly consecrated bishops in attendance serving in the traditional role of co-consecrators.  All co-consecrators shall affix their signatures to the official certificate of consecration along with any additional required Church records. 

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§2 If in the case of extraordinary situations, the Presiding Bishop may proceed with a “conditional consecration” if the scheduled co-consecrators are prevented at the last moment from participating.  After a conditional consecration the new bishop will be deemed simplex and thus not able to exercise full Episcopal faculties until after two additional bishops can be scheduled to complete the remaining laying on of hands. Should the outstanding completion fail to be completed with a twelve month period, the conditional consecration will be rendered null and void.  (RE:  The Serra Precedent)

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16.2 Bishops shall serve the Church as either a Local Ordinary of a Diocese, Auxiliary Bishop of a Diocese, or as Prefect of a Vicariate.

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16.3 Bishops are called forth because of a liturgical, sacramental, or pastoral need. Bishops are also called for their spiritual guidance, theological knowledge, academic wisdom, and pastoral ability.

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16.4 Candidates for the Episcopacy shall be priests who have been ordained or Incardinated into the Church for a period of no less than three years, are active in their standing without leave of absences during the three year period prior to candidacy and are currently in good standing within the Church.

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16.5 Candidates for the Episcopacy must possess appropriate credentials.

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16.6 For a just cause, a bishop may request a leave of absence from his/her faculties. Such requests are made to the Presiding Bishop, who shall grant such leaves after appropriate pastoral investigation of the cause and appointment of an Administrator for the period of the leave of absence, who will work directly with the Presiding Bishop.

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16.7 An Auxiliary Bishop requesting a leave of absence must apply to the local ordinary, who will submit the request to the Presiding bishop.

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16.8 Unless there is a compelling reason to do otherwise, the Bishop of the Diocese or Local Vicariate must reside within the jurisdiction to which they are appointed.

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16.9 The Bishop of a Diocese or Vicariate possesses all the rights, prerogatives, and responsibilities inherent in that office, as long as they are not in violation of any Canons of the Church.

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16.10 Auxiliary Bishops shall assist the Local Ordinary in the pastoral care of the Diocese or Vicariate they are called to serve.

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16.11 All Bishops shall serve as members of the Church's Liturgical Commission.

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16.12 Any bishop of this jurisdiction may assist another bishop or religious superior of this jurisdiction or of another canonically recognized jurisdiction with the ordinations of their candidates for the deaconate or priesthood through the formal issuance of a proper Dimissorial Letter.

Canon 17:  The Diocesan Bishop as Local Ordinary

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17.1 Within the canonical boundaries of their diocese, the diocesan Bishop has all the ordinary power required for the exercise of their office, except in those matters reserved to some other ecclesiastical authority.

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(1)  It is the sole responsibility of the Diocesan Bishop as Local Ordinary to grant faculties to all deacons and priests to exercise their offices within a given diocese and for just cause the Diocesan Bishop as local Ordinary may suspend or revoke such faculties.  

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(2)  It shall be the sole responsibility of the Diocesan Bishop as Local Ordinary to approve and endorse the establishment of any new parishes or missions within a given diocese and for just cause the Diocesan Bishop as Local Ordinary may suspend, revoke or close a parish or mission.

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17.2 A person who has been appointed Bishop of a diocese cannot assume ordinary power until such time as they are canonically installed into that office.  Should one who has been appointed Bishop of a diocese already exercises an office within that diocese, they may continue exercising that office until their installation as Bishop.

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17.3 Unless there is a canonical impediment, those who have been canonically appointed to the office of diocesan Bishop, must be installed into their office within four months of their appointment.  The installation of the diocesan Bishop must take place within an public liturgical act.

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17.4 Within the exercise of their pastoral office, the diocesan Bishop must remain solicitous to the needs of all the faithful entrusted into their care.  The diocesan Bishop must demonstrate the apostolic spirit of this community of faith to all, especially to all those who are not sufficiently able to benefit of ordinary pastoral care and for those who have become pastorally orphaned.

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(1)  If there are faithful of a different rite residing within their diocese, the diocesan Bishop must provide for their spiritual needs by means of priests and parishes of that same rite.

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17.5  The diocesan Bishop must exercise unconditional charity and humanity to those who are not in Communion with this Church and those who are not baptized and must always embrace and welcome all with the spirit of ecumenism of this Church.

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17.6 The diocesan Bishop must always remember the needs of their clergy and religious, of whom the diocesan Bishop must look upon as their counselors and helpers.  The diocesan Bishop must defend their rights at all times and must ensure that they fulfill all obligations of their offices.  The diocesan Bishop must also ensure that all clergy snd religious have the opportunity to develop their spiritual and intellectual life.

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17.7 The diocesan Bishop must always foster vocations to the priesthood, deaconate and religious life.

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§1 The diocesan Bishop, for proper reasons, may delegate the ordinations of their candidates for the deaconate and priesthood to another bishop of this jurisdiction or to a competent bishop of another jurisdiction in a recognized canonical relationship with this jurisdiction through the instrument of a proper Dimissorial Letter.

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17.8 The diocesan Bishop is bound to teach and witness to the faithful the truths of faith.  The diocesan Bishop must preach frequently and must ensure that the provisions of the Canons regarding her Liturgy, preaching of the Word and catechetical instructions are faithfully observed.

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17.9  Remaining mindful that they are the bound to give examples of holiness, charity, humility and simplicity of life, the diocesan Bishop is to seek in every way all opportunities to promote the holiness and welfare of Christ's faithful. 

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17.10 Upon their canonical installation, the diocesan Bishop must apply the Mass for those entrusted to their care each Sunday.

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17.11 While the diocesan Bishop can function anywhere within their diocese, they may not do so publicly outside of their diocese without the welcome and consent of the local Ordinary.

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17.12 While the diocesan Bishop personally governs their diocese with legislative, judicial and executive power, they may appoint Vicar Generals to assist in the pastoral and sacramental care of all those entrusted to the care of the diocese.

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(A)  The role of a Vicar General is to assist the bishop in overseeing day-to-day activities, managing diocesan structures, and acting on the bishop's behalf in various matters, such as mediating between parishes and addressing specific issues.

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17.13 The diocesan Bishop must promote and defend the unity of the Church and is bound to promote the discipline which is common for the welfare of the Church, and so press for the observance of all ecclesiastical laws and norms of the Church.

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{1} In all legal transactions, the diocesan Bishop acts in the person of the diocese.

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17.14 The diocesan Bishop is to foster various forms of the apostolate within their diocese and to ensure that all works of the apostolate is under their direction.

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17.15 The diocesan Bishop is encouraged to visit all parishes, religious houses and sacred places within their diocese once a year.

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17.16 The diocesan Bishop is obligated to prepare a written report for presentation at the annual conference of the church.

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17.17 The diocesan Bishop has the prerogative to create Monsignors within their diocese for a just reason.

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(1)  A. “Monsignor” is a title bestowed on a priest who has distinguished themselves by exceptional service to the church. It is a title granted by the priest’s diocesan bishop. It is a purely honorary title and has no effect on the priest’s duties or ministerial assignment.

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17.18 All aging diocesan Bishops are encouraged to consider offering their retirement letters while still in good physical and mental health.

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17.20 Any diocesan Bishop who has retired from their office acquires the title of "Bishop-Emeritus."  Unless there is a grave reason contrary, a Bishop-Emeritus retains their faculties to celebrate the sacraments.  A Bishop-Emeritus may, unless there is a grave reason contrary, be called upon by the Church to assist as need demands.

Canon 18:  The Office of the Presiding Bishop

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18.1 The presiding Bishop shall proactively serve as national spokesperson for the Church.

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18.2 The Presiding Bishop shall proactively evangelize the Gospels.

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18.3 The Presiding Bishop, in their role as Bishop Protector of Institutes of Religious Life, shall actively promote the creation of new religious orders, and to take care that they grow and flourish according to the spirit and charism of their Founder.

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18.4 The Presiding Bishop is responsible for convening all meetings necessary for the welfare of the Church.

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18.5 The Presiding Bishop shall be elected, or affirmed in Office at the National Conference in the first and fifth year of each decade beginning with the year AD 2005.

 

1.  Candidates for the office of Presiding Bishop must be bishops who are fully incardinated with in Church.

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2. Election of the Presiding Bishop shall take place before the convening of a National Conference and Retreat taking place during the first and fifth year of each decade.

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3. The Election of a Presiding Bishop shall follow the prescribed protocols for The Election of the Presiding Bishop.

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18.6 Upon election, the Presiding Bishop shall appoint a Vicar General who shall assume the duties of Presiding Bishop on a provisional basis should the office of Presiding Bishop become vacant before the end of the current term.

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18.7 The Presiding Bishop may not unilaterally assume any powers or authority beyond that already stated in Canon 18.  

Canon 19:   Episcopal Incardination

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19.1 Individual members of the Episcopacy from another Catholic community are welcomed to make application for Incardination into this Church.

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19.2 Candidates for Episcopal Incardination must fulfill all appropriate requirements.

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19.3 Candidates for Episcopal Incardination must make their applications directly to the Presiding Bishop of this Church, who will then act as Episcopal Director of Vocations.

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19.4 Once a candidate for Episcopal Incardination has been received into this Church, the Presiding Bishop may grant presbyterial faculties to such bishops who have begun the process of Incardination. Such bishops will be granted the title of "Bishop in Residence." While accorded all the respect and honor due their office, such bishops are not ineligible to participate in the functions of the House of Bishops, nor can they act as spokesperson for the Church. If a candidate for Episcopal Incardination has not fulfilled the requirements of Canon 11.6, they must do so prior to making final petition for Episcopal Incardination.

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19.5 Upon completion of a one year transitional period, the House of Bishops will make their decision, which is final and not subject to review, regarding the granting of plenary Episcopal faculties and duties to candidates for Episcopal Incardination in the Church.

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19.6 Upon being granted plenary Episcopal faculties, such bishops will take their seat within the House of Bishops, with all the rights and privileges due their office.

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19.7 If, after attaining Episcopal Incardination, it is discovered that the candidate consciously submitted false and misleading information on his or her application for Episcopal Incardination into the Church, the Church shall declare such Episcopal Incardinations null and void.

Canon 20:  Institutes of Religious Life

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20.1 Life consecrated by the profession of the evangelical counsels is a form of living by which the Faithful, following Christ more closely under the inspiration of the Holy Spirit, are totally dedicated to God, so that, having dedicated themselves to His honor, the up building of the Church, and the salvation of the world, they strive for the perfection of charity in service to the Kingdom of God.

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§1. From the time of the first promulgation of the Code of Canon Law for this Church, it has reserved the name "religious order" for institutes in which the vows were solemn, and used the term "religious congregation" or simply "congregation" for those with simple vows.

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20.2 The evangelical councils, based on the teaching and example of our Lord and Savior Jesus Christ, are a divine gift, which the Church has received from the Lord and always preserves through His grace.

 

§1 Certain of the Christian Faithful are called to this state by God so that they may enjoy a special gift in the life of the Church and contribute to its salvific mission according to the charism and spirit of the religious institute.

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20.3 It is acknowledged that each institute of consecrated and/or congregation is blessed by different gifts according to the Grace of the Spirit. They follow Christ more closely, announce the Kingdom of God, perform good works for the people, share His life with them in the world, always doing the will of the Father.

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20.4 The intention of the Founder's and their determination concerning the nature, propose, spirit and character of the institute which has been ratified by competent ecclesiastical authority, as well as its wholesome traditions are to be faithfully observed by all members of the institute.

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20.5 It is the role and obligation the Presiding Bishop to approve and erect institutes of religious life by a formal decree in consultation with the life and sanctity of the Church, the religious life is to be fostered and promoted by all in the members of the House of Bishops.

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20.6 The Presiding Bishop shall ensure that any new rule for religious life are in alignment with the laws and spirit of this Church.

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20.7 It belongs to the Presiding Bishop of this Church, in the role of Bishop Protector of all Institutes of Religious Life, to take care that all institutes grow and flourish according to the spirit of the Founders.

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20.8 For individual institutes of religious life, there is acknowledged a rightful autonomy of life, especially of governance; by which they enjoy their own discipline within the Church and have the power to preserve their own traditions intact.

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§1 It falls to the Presiding Bishop as Bishop Protector to safeguard and protect this autonomy.

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20.9 Members of institutes of religious life are subject to the authority of the diocesan bishop in whose territory they reside and work in all matters relating to the care of souls, the public celebration of the liturgy, and other external works of the apostolate.

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§1 In exercising an external apostolate, religious are also subject to the authority of their own superiors and must remain faithful to the discipline and traditions of their Institute.

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§2 If the diocesan bishop becomes aware of abuses with an Institute of Religious Life residing within their territory, the bishop has an obligation to discreetly investigate and to advise the major religious superior of any adverse findings. Should the religious superior, upon being advised, decline or fail to confront the issue, the diocesan bishop, in order to prevent public scandal, must intervene.  Should necessary corrections fail to be followed, the bishop may suspend all involved.

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20.10 Suppression of an Institute of Religious Life pertains to the diocesan bishop who canonically erected the Institute or their legitimate successor, with the consent of the Presiding Bishop.

 

§1 The diocesan bishop shall ensure that all assets of the suppressed community are equitably divided among any surviving members of the Institute. If there are no surviving members, any assets of the suppressed Institute shall revert to the diocese, complying with all requirements of the civil law.

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20.11 The right of admitting candidates to the novitiate is reserved to major superiors alone according to the norms of the proper law and traditions of the institute.  It is also reserved to religious jurisdiction to erect their own formations program for candidates, as long as their program is in alignment with the Codes of Canon Law.

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20.12 Superiors are to be vigilant about admitting only those who, besides having attained the required age, suitable moral character, and sufficient maturity to embrace the life and apostolate of the particular institute.

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20.13 Superiors are not to admit to the novitiate secular clerics if their local ordinary has not been consulted.

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20.14 If, after the Profession of Temporary or Solemn Vows, it is discovered that the candidate consciously submitted false and misleading information on his or her application to enter into the formation program for any Religious Institute, the Church shall declare such Professions null and void.

More to Come

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